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TREATISE

ON

THE DOCTRINE OF

PRESUMPTION

AND

PRESUMPTIVE EVIDENCE,

AS AFFECTING THE TITLE TO

Heal and Personal Property,

BY JOHN H. MATHEWS, Esq.

OF LINCOLN'S INN BARRISTER AT LAW.

LONDON:

JOSEPH BUTTERWORTH AND SON, LAW BOOKSELLERS;
43, FLEET STREET.

C. Baldwin, Printer,

New Bridge Street, London.

THE FOLLOWING WORK IS INSCRIBED TO

THOMAS SHEPHERD, ESQ.

OF THE MIDDLE TEMPLE,

AS A TESTIMONY OF RESPECT

AND ESTEEM.

PREFACE.

THE object of the following work is to investigate and explain the doctrine of Presumption and Presumptive Evidence in their application to Titles, and to show how far defects in titles arising from the want of direct evidence may be supplied by established presumptions, or by those which are afforded from the particular circumstances of the case.

It was at an early period of his professional studies that the author was impressed with a sense of the utility of a work of this description. On almost every other subject connected with the practice of conveyancing, treatises or digests of the cases already existed; these afforded a ready means of acquiring all the information extant, and removed many of the difficulties which the various subjects they embrace continually presented to the conveyancer. But when questions arose which were to be determined by the principles of presumption (and to such questions every stract of Title gives more or less occasion), recourse could be had only to detached cases and judicial dicta in the books of reports, and to casual passages in the

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